FILED CHARLOTTE, NC . APR 2 7 2015 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH DISTRICT count . CHARLOTTE DIVISION DISTRICT OF NC CASE NO. UNITED STATES OF AMERICA V. DAVID HOWELL PETRAEUS, Defendant. MOTION OF THE REPORTERS FREEDOM OF THE PRESS, THE ASSOCIATED PRESS, BLOOMBERG L.P., THE CHARLOTTE OBSERVER PUBLISHING COMPANY, DOW JONES FIRST LOOK MEDIA, INC., NATIONAL PUBLIC RADIO, INC., THE NEW YORK TIMES COMPANY, - AND THE WASHINGTON POST TO INT ERVENE AND UNSEAL- The RepOrters .COmmittee for Freedom of the Press, The Associated Press, Bloomberg LP, The Charlotte Observer Publishing Company, DOW Jones Company, Inc, First Look Media, Inc., National Public Radio, Inc., The New York Times Company, and The Washington Post (collectiyely, the ?News Media Intervenors?) by' and through their undersigned counsel hereby move to intervene in this action for the limited purpose of Seeking an order unsealing the Sentencing Memorandum and attachments thereto ?led under seal by counsel for David HoWell Petraeus (?Defendant? or ??PetranS?) on. April" 15, 2015 (ECF No.'l7) and (2) any statements or letters. of Slipport submitted to the Court on behalf . of Defendant in connection with his sentencing. S?e IDENTITY OF THE NEWS MEDIA INTERVENORS The Reporters Committee for Freedom of the Press (the ?Reporters Committee?) is an unincorporated nonpro?t association of reporters and editors dedicated to safeguarding the right to a free and unfettered press guaranteed by the First Amendment. Since 1970, the Reporters Committee and its attorneys have provided assistance, guidance, and research in First Amendment and freedom of information litigation. 0 The Reporters Committee frequently represents the interests of the press and the public in cases involving access to judicial proceedings and court records. The Associated Press is a news cooperative organized under the Not-for-Pro?t Corporation Law of New York, and owned by its 1,500 newspaper members. The members and subscribers include the nation?s newspapers, magazines, broadcasters, cable news . services and Internet content providers. The AP operates from 300 locations in-more than 100 countries. Onany given day,AP?si content can reach more than half- of the world?s population. Bloomberg L.P. operates Bloomberg News, a 24-hour global. news service based in New York with more than 2,400 journalists in more than 150 bureaus around the world. Bloomberg supplies real-time busineSs, ?nancial, and legal news to the more than 319,000 subscribers to the BloombergProfessional service world-wide and is syndicated to more than 1000 media outlets across more than 60 countries. Bloom-bergtelevision is available in more than 340 million homes worldwide and Bloomberg radio is syndicated to 200 radio af?liates nationally. In addition, . Bloomberg publishes Bloomberg Businessweek, Bloomberg Markets and Bloomberg Pursuits magazines with a combined circulation of 1.4 million readers and Bloombergcom and Businessweek.com receive more than 24 million visitors each month. In total, Bloomberg distributes news, information, and commentary to millions of readers and listeners each day, and has published _more than one hundred million stories. The Charlotte Observer Publishing Company publishes The Chariotte Observer, the' largest circulation daily neWSpaper in North Carolina, and operates the website which is read by approximately three million unique Visitors each week. I Dow Jones Company, Inc., a global provider of news and business information, is the publisher of The Wall Street Journal, Barron?s, MarketWatch, Dow Jones Newswires, and Other publications. . Dow Jones maintains one of the worldis largest newsgathering operations, with more than - 1,800 journalists in nearly ?fty countries publishing news in. several different languages. Dow Jones also provides information services, including Dow Jones 'Factiva, Dow Jones Risk Compliance, and. Dow Jones IVentureSource. Dow Jones is a News CorporatiOn company. First Lool< Media, Inc. is a new non-profit digital media venture that produces The Intercept, a digital magazine focused on national Security reporting. I National 'Public Radio, Inc. is an award?winning producer and - distributor of . noncommercial - news programming. IA privately supported, not-for?pro?t membership organization, NPR serves a growing audienCe of more than-26- million listeners each week by providing inews- programming to 285 _member stations that are independently operated, noncommercial public radio stations. In addition, NPR provides original online content and audio streaming of its news programming. NPR.org offers hourly newscasts, special features and I. 10 years of archived audio and information. The New York Times Company is the publisherof The New York imes and The I international Times, and operates the news website nytimes.c0m. I I I WP Company LLC (d/b/a The Washington Post) publishes one of the nation?s. most prominent daily-newspapers, as well as a-website, wWw.Washingtonpost.com,. that is read by an average of more than 20 million unique Visitors per month. MOTION TO INTERVENE AND UNSEAL It is well-settled that members of the media and the public may intervene in an action to challenge the sealing of a court document. See Company: Doe v- Pub. Citizen, 749 F.3d 246, 262?63 (4th Cir. 2014) (explaining that news organizations havean interest in I??sealed judicial documents and materials suf?cient to satisfy the Constitutional standing requirements of injury, . see also, In re Knight Publi?g 743 F.2d '23l, 234 (4th Cir. 198.4); United States v. Aref, 533 F.3d 72, '81 (2d Cir. 2008) (holding that a motion to intervene to assert the public?s First Amendment right of access to criminal proceedings is proper); Jessup v. Luther, 227 F.3d 993, 997 (7th Cir. 2000) (recognizing intervention ?as the logical and appropriate vehicle by which the public and the press may? assert right of access). Such motions to intervene are routinely granted, see Company Doe, 749 F.3d at 262?63, and, indeed, the Local Criminal Rules of this Court contemplate that interested non-parties like the News Media Intervenors may move to unseal documents,_including sentencing memoranda, in criminal cases. See By this Motion, the News Media Intervenors seek access to the. Sentencing Memorandum and the attachments thereto ?led by Defendant,?as well as any'statements or letters of support submitted to'the Court on behalf of Defendant in connection with his Sentencing, on the grounds that the press and the public have a First Amendment and common law right to access criminal proceedings and court documents, and that such rights apply to sentencing hearings and documents ?led in connection with Such hearings. See In re Washington Post Co., 807 F.2d 383, 3 88?3 90 (4th Cir. 1986) (holding that the First Amendment right of access applies to documents ?led in cennection with plea hearings and sentencing hearings cases, as well as to the hearings themselves); see also In re Time Inc, 182 F.3d 270, 271 (41h Cir. 1999). This Motion is based upon the Memorandum filed concurrently here-with, the documents on I ?le in this matter, and any argument of counsel'the Court shall wish to entertain. This the 27?? day of April, 2015. Respectfully submitted, - - (and, . E. Buchan Jam E. Buchan . Bar No. 8205 Brian P. Troutman N.C. Bar No. 40131 MCGUIREWOODS 201 North Tryon Street Charlotte, North Carolina 28202 Telephone: (704) 343-2063 Facsimile: (704) 444-8714- jbuchan@mcquirewoods.com btroutman@mcguirew00ds.com -- Katie Townsend* REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS 1156 15?h Streeth Suite 1250 Washington, DC 202.795.9303 202.795.9310 (fax) ktownsend@rcfp.org Prohac vice admission pending Counseror the News Media Intervenors I CERTIFICATE OF SERVICE I hereby certify that the foregoing Motion of the Reporters Committee'for Freedom of the Press, The Associated Press, Bloomberg LP, The Charlotte Observer Publishing Company, Dow Jones Company, Inc., First Look Media, Inc., National Public Radio, Inc., The New York Times Company and The Washington Post'to Intervene and Unseal was ?led with the Clerk of Court and served Via email and US. Mail on counsel for all parties, as set forth below. - James P. Melendres National Security Division 600 E. Street NW, 10th Floor Washington, DC 20005 james.p.melendres@usdoj. gov Attorneyfor Plainri?? Jill Westmoreland Rose United States Attorney 100 Otis Street Asheville, NC 23801' jill.rose@usdoj .gov' Attorney for Plainri? Richard S. Scott I National Security Division 600 Street NW, 10th Floor Washington, DC 20005 richard. . scott@usdoj . gov Attorney for Plaintiff . This the 27th day of April, 2015. David E. Kendall Williams Connolly LLP 725 Twelfth Street NW Washington, DC 20005 . dkendall@wc.corn Attorney for Defendant Simon A. Latcovich Williams Connolly, LLP . 725 Twelfth Street, NW Washington, DC 20005 slatcovich@wc.com Attorney for Defendant Jacobi-I. Sussman Tin Fulton Walker Owen, PLLC 301 Park Avenue Charlotte, NC 28203 jsussman@tinfulton.com Attorney for Defendant onat anE;Buchan -